Una Mas AZ 05-061
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08/24/06 01 :51 PM
DEPUTY Palli Thompson
RECORDED - REQUEST OF
City of Meridian
AMOUNT
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28
1111111111111111111111111111111111111
106137048
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Una Mas, LLC, OwnerlDeveloper
THIS DEVEL~NT AGREEMENT (this "Agreement"), is made and
entered into this 10 llf day of ~ !,; r , 2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and Una Mas, LLC,
whose address is 1717 Chisholm Drive, Nampa, Idaho 83687 hereinafter called
"OWNER/DEVELOPER" .
1.
RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit "A" for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. ~ 67 -6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning ofthe "Property" described in Exhibit A, and
has requested a designation of (C-G) General Commercial,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "OwnerlDeveloper" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS
PAGE ] OF 11
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 25th day of April, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
1.10 WHEREAS, "City" requires the "OwnerlDeveloper" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in fulL
DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS
PAGE 2 OF 11
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3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho A venue,
Meridian, Idaho 83642.
3.2 "OWNER/DEVELOPER": means and refers to Una Mas, LLC,
whose address is 1717 Chisholm Drive, Nampa, ill 83687 the party
developing said "Property" and shall include any subsequent owners
and/or developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned C-G (General Commercial) attached hereto and by this
reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (K) which are herein specified as follows:
Construction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the C~G zone, and the pertinent provisions of
the City of Meridian Comprehensive Plan are applicable to this AZ
05.061 application.
4.2 No change in the uses specified in this Agreement shall he allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS
PAGE 3 OF 11
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5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1. That all future uses shall not involve uses, actIVItIes, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or
odors.
2. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of the development.
3. That the applicant will be responsible for all costs associated with
sewer and water service extension.
4. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7 -517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5. That prior to issuance of any building permit, the subject property
shall be subdivided in accordance with the City of Meridian Unified
Development Code.
6. That a street buffer, constructed in accordance with City Code, be
installed along Ustick Road and the future collector roadway.
7. That when preliminary/short plat is submitted to the City, the entire
9.55 acres that are the subject property for AZ-05-061 will be
included within the boundaries of said plat (no out-parcels).
8. That when a preliminary/short plat is submitted to the City, no direct
lot access to Ustick Road will be allowed. The existing driveways to
Ustick Road may be for construction purposes until the future
DEVELOPMENT AGREEMENT (AZ 05-06]) UNA MAS
PAGE 4 OF 11
"
roadway is completed. At such time, direct access to Ustick Road
will be prohibited.
9. That in the case of any division of the property cross access to parcels
on all sides of the site be granted.
10. The applicant shall provide at a minimum one commercial cross
access drive to the properties east and west of the site which shall be
designed according to private street standards as listed in UDC 11-3F,
with a minimum of 24' travel way, no parking backing on to the
service drive, a one side five foot detached sidewalk with a 5'
landscape buffer. The commercial cross access drive is to provide
connection from the future Public Roadway east of the site, through
the 9.55 acre Una Mas Annexation, and the property west of the site.
11. The applicant shall work with ACHD to determine if a public
frontage road shall be provided at the southern boundary of the site.
One half of a 42' public roadway design for a frontagelbackage road
shall be reserved at this site until such a time as ACHD staff provides
a written statement refusing the reserved area.
12. That the applicant shall submit an application for design review with
each building Certificate of Zoning Compliance. The elevations
whall be in substantial conformance to the elevations presented at the
April 4, 2006 hearing. These elevations shall have similar
modulation and treatments to the elevations presented to council as
determined by the Planning Director.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns,
to comply with Section 5 entitled "Conditions Governing Development of Subject Property"
of this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-
6509, or any subsequent amendments or recodifications thereof.
DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS
PAGE 5 OF 11
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7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"OwnerlDeveloper" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "OwnerlDeveloper"
fails to cure such failure within six (6) months of such notice.
8. INSPECTION: "Owner/Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1 In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "OwnerlDeveloper" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner/Developer's" cost, and submit proof of such recording to "OwnerlDeveloper", prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
"Property" by the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of the "Property"
DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS
PAGE 6 OF 11
contemplated hereby, the "City" shall execute and record an appropriate instrument of release
of this Agreement.
II. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "OwnerlDeveloper" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code ~ 12-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
14. CERTIFICA TE OF OCCUPANCY: The "OwnerlDeveloper" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "OwnerlDeveloper" has entered into an addendum agreement stating when the
DEVELOPMENT AGREEMENT (AZ 05-061) UNA MAS
PAGE 7 OF 11
11/21/2BB5 16:17
20858511
UNLIMITED BOUW1ES
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LEGAL DESCRIPTION FOR
HANSEN..RICE, INC.
ANNEXATION PARCEL-CITY OF MERIDIAN
USnCK ROAD PROJECT
The fol1owin, deseribes a parcel of real property lying in Bast Y:t of Governn\ent Lot 4 of Section
4. Township 3 North, Range 1 East, Boise Meridi-. Ada County, Idaho, and being more
particularly described as follows: '
Commencing at the Northwest corner of said Section 4. said earner marked by a Brass
Cap Monument (pLS 6111); Then". along the Northerly line of said Section 4,
N8S)03S'22"E. 830.94 feet (fonnorly S89049'26"E, 830.941eet) to the Northwest
comet oftbe property d.scrJbed in Warrenty Deed Inspument Numbers
'105046906 &. 1 OS 119521 the POINT OF BEGINNING;
Thence. continuing alOftS said Northerly line of Section 4 and the Northerly line of the
property deseribed. in said Warr*oty Deed Instrument Number 105046906,
N89113S'2]"E, 332.31 feet (formerly sW49'26"E, 332.37 feet) to the Northeast
eomer of the property described. in said Watrlllty Deed Instrument Number
1 OS04690~j
Then". SOooOO'OS"E. 1290.34 feet to tho Southeast comer of the property described in
Wammt)' Deed.lnstrmnentNumber 105119521 to a 5/8" lnm pin (PLS 5710);
Tbcnee, S8~32'42~. 332.39 feet to the Southwest comer of the property described in
said Wammty Deed Jnl1rument Number I OS 119521 to a 5/8" Iron pin (PLS
5710);
T11cnce. NOOoOO'06"W, 1290.60 feet to the POINT OF BEGINNING. comprising 9.85
acta more or Jess.
SUBJECT TO: Al1.uements or reservations appearing on tbe above described parcel ofland.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
APR 2 1 2006
City Of Meridian
City~ce
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In the Matter of Annexation and Zoning of 9.55 acres from RUT (Ada County) to C-
G(General Commercial), by Una Mas LLC.
Case No(s).: AZ-05-o61
For the City Council Hearing Date of: April 25, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 25, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 25, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
25,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 25, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
. Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-061 - PAGE 1 00
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Plamring Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and Development Agreement all in
the attached Staff Report for the hearing date of April 25, 2006 incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicants request for Annexation is approved subject to the Development
Agreement in the attached Staff Report for the hearing date of April 25, 2006
incorporated by reference.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty~eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Attached: Staff Report for the hearing date of April 25, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.OS-061 - PAGE 2 00
~.
By action of the City Council at its regular meeting held on the 2 sF6 day of
1f;>n7- ,2006.
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED ~
VOTED ~
VOTED ~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMYdeWEERD
VOTED_~
ATTEST:
Copy served upon:
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LIAM G. BERG, JR. ITY hiK.N::-;. ~ "{"]" ''3~ . ...~ ,,~-
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V'" Planning Department
~ j)ublic Works Department
~ City Attorney
By-1tWl.vn A 1LLUU
'-City Clerk's Office
Dated: 5. \ - 0 ~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05.061 - PAGE 3 of3
",
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRrL 25, 2006
STAFF REPORT Hearing Date: April 25, 2006
City Council hearing date: April 4, 2006
City Council hearing date: March 21,2006
City Council hearing date: March 14, 2006
Planning Commission Hearing Date: February 16, 2006
TO: Meridian City Council
FROM: Planning Commission
Staff: Joe Guenther, Associate Planner
Meridian Planning Department
208-884-5533
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SUBJECT:
Una Mas Annexation
AZ-05-061
Annexation and Zoning of9.55 acres from RUT (Ada County) to
C-G (General Commercial).
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Una Mas, LLC, has applied for Annexation and Zoning (AZ) to C-G (General
Commercial) for 9.55 acres of property currently zoned RUT in Ada County. The site is located
on the south side of Ustick Road, approximately 1/4 mile east of Eagle Road. This site is
currently rural residential with one single-family residential building and accessory buildings.
The applicant is proposing to construct office and commercial uses on the site with the remainder
of the property being developed for undetennined commercial cross accesses.
2. Sl.lMMAR.Y RECOMMENDATION
The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public
hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Jon Reseigh, Hansen-Rice Eng.
ii. In opposition: None.
iii. Commenting: None.
IV. Staff presenting application: Joe Guenther. Associate
v. Other staff commenting on application: None_
b. Key Issues of Disc:ussion by Commission:
i. -Acquisition of the remainder ACHD property - applicant indicated that they do
not know what will occur with the ACHD auction;
11. -Road alignment with Alleys Way and potential public road at south property
boundary;
111. --Cross access requirement to other properties west and east.
c:. Key Commission Changes to Staff Recommendation:
1. -none.
The subject property is within the Urban Service Planning Area. Staff has provided detailed
analysis and reconunends that the subject be approved with the Development Agreement
(DA)(see below for DA provisions) provisions detailed in this report. Staff recommended
UNA MAS Annexation - AZ-05-061
PAGE 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006
8DDroval of the Una Mas Annexation. submitted as AZ-OS-o61 with the development ae:reement
comments contained in the reoort dated February 16. 2006.
3. PROPOSED MOTION (to he considered after the public hearing)
Approve
After considering all staff, applicant and public testimony, I move to approve File Number AZ-
05-061 as presented in Staff Report for the hearing date of Apri125, 2006 with the following
modifications: (Add any proposed modifications.)
Deny
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
OS-Q61 as presented in the Staff Report for the hearing date of Apri125, 2006 for the following
reasons: (You should state specific reasons for denial of the annexation and you must state
specific reason(s) for the denial of the plat.)
Continuance
After considering all staff, applicant and public testimony I I move to continue File Numbers
AZ~05-061 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3475 E. Ustick / 3NIE4
b. Ownerl Applicant
Una Mas, LLC
1717 Chishohn Drive
Nampa Idaho 83687
c. Representative: John Reseigh, Hansen-Rice, Inc
d. Present Zoning: RUT (Ada County)
e. Present Comprehensive Plan Designation: Mixed Use Regional
f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to C-G
(General Commercial) for 9.55 acres of property currently zoned RUT in Ada County.
g. Applicant's Statement/Justification: The site is located on a main arterial which has recently
been upgraded as a major arterial with access to a state highway which is appropriate for
commercial/office uses.
5. PROCESS F ACfS
a. The subject application will in fact constitute an annexation as detennined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: March 6 and February 20, 2006
c. Radius notices mailed to properties within 300 feet on: February 17. 2006
d. Applicant posted notice on site by: March 1, 2006
UNA MAS AnneJIation - AZ-05-Q61
PAGE 2
CIIT OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006
6. LAND USE
a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site.
b. Description of Character of Surrounding Area: The parcels to the south and west are
either zoned conunercial or proposed conunercial zones. To the north is the approved Lowes
building. Perkins-Brown Subdivision, the proposed ACHD right of way and an Ada County
single-family development lies east of the subject site. This area is rapidly transitioning from
rural to urban/commercial.
c. Adjacent Land Use and Zoning:
1. North: Commercial, zoned C-G, Lowes
2. East: Future Right of way, Rural residential, zoned RUT (Ada County)
3. South: Redfeather Subdivision, zoned C-G
4. West: Single-family/Commercial, zoned RUT proposed C-G
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: Sewer is available in Ustick Road.
Location of water: Water is available in Ustick Road
Issues or concerns: Without conceptual sewer design it is difficult to
determine if this property will all gravity to existing mams.
2. Vegetation: There are some existing trees on this site that should be protected or
mitigated for when this property develops.
3. Floodplain: N/A
4. CanalslDitches Irrigation: All irrigation ditches, laterals and canals should be tiled
when this property develops.
S. Hazards: Staff is not aware of any hazards associated with this property.
6. Proposed Zoning: C-G (General Commercial)
7. Size of Property: 9.55 acres
f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with
the subject annexation application. Staff recommends that the City include specific concepts
within a Development Agreement (DA) for developing the subject property. Please see
Analysis below for recommended DA provisions.
g. Landscaping:
1. Width of street buffer(s): Per City Code, a 35-foot wide landscape street buffer is
required adjacent to Ustick Road. an arterial roadway (UDC 11-2A-4).
2. Width ofbutIer(s) between land uses: N/A all properties are proposed as C-G
h. Required Commercial Standards: C-G
Setbacks Proposed Required
Landscape (Commercial)
UNA MAS Annexation - AZ--05-061
PAGE 3
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR TIlE HEARING DATE OF APRIL 25, 2006
Arterial Road (Ustick)
Collcctor Street (Future)
NA
NA
35
20
i. Summary of Proposed Streets and/or Access; As mentioned above, the applicant is not
proposing to develop/plat this property at this time. There will be a future collector roadway
east of this site which will eventually connect Ustick Road and Fairview Road. The applicant
is land locked by the Ustick Road curb cuts where they will be required to have access from
ACHD or the future development to the west of the site. There will be no direct lot access to
the future road and a systan of cross access points or internal streets will be established by
ACHD.
7. COMMENTS MEETING
On December 30, 2005. a joint agency and departments meeting was held with service providers
in this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitary Services Company.
These agencies were unable to comment as there was no conceptual design provided. No
comments are included with this report as all uses will require at minimum a certificate of zoning
compliance where the agencies will have the opportunity to condition specific uses.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use Regional" on the Comprehensive Plan Future Land Use
Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that
is situated in highly visible or tmnsitioning parts of the City where innovative and flexible design
opportunities are encouraged. The MU-R has no upper limit on the square footage of non-
residential uses and is intended to allow a broad range of uses. Staff recommends that the
Commission and COWlcll rely on any verbal or written testimony that may be provided at the
public hearing when determining the most appropriate zone for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this propcrty and apply
to the subject property (staff analysis in italics below policy):
· Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal m, Objective A, Action 1)
When the City established its Area of City Impact. it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
· Sanitary sewer and water service will be extended to the project at the
developer's expense.
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
· The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACJID). This service will not change.
· The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
UNA MAS Annexation - AZ-05-061
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006
· The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
Municipal, fie-supported. services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department. the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
· Protect existing residential properties from incompatible land use development on adjacent
parcels. (ChapterVD, Goal IV, Objective C, Action 1)
The applicant is proposing a commercial zone adjacent to proposed or established
commercial districts. Staff finds that impacts to the existing residential properties to the east
can be limited through design as to be compatible with the proposed development if
appropriate fencing, access points, and landscaping are installed with this project and in
cooperation with the future ACHD collector road.
· "Permit new. . .commercial developments only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City." (Chapter
IV, pg. 26, Goal L Obj. A, #6)
Municipal water, solid waste and other services exist to this area of Meridian.
· "Locate new community commercial areas on arterials. . .near residential areas in such a way
as to complement with adjoining residential areas." (Chapter VII, pg_ 43, Goal ill, Obj. D,
#3)
The proposed commercial use is located at the intersection of a future collector road and an
arterial roadway. A 35-foot wide street buffer will be required along Ustick Road and a 20-
foot wide street buffer will be installed as a part of the western side of the collector roadway
to be designed in part to mitigate potential negative impacts upon the vehicular trqffic on
arterial roads and fUture vehicular impact on existing residential uses. There are several
major commercial developments with associated mixed use residential developments
occurring in the area to which the proposal will provide service.
· "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107,
Goal N, Obj. D, #2)
The curb cuts and access points will be designed to be consistent with other proposals qf this
size and nature. However, these will be approved with the ,filing of a detailed development
proposal and full review by ACHD.
· Require street cOIUlections between subdivisions at regular intervals to enhance connectivity
and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6)
For the future collector roadway, one access road to Ustick Road with a fUture connection to
the south through Red ftather Estates. Cross access will be required east and west of the site.
Staffis generally supportive of the conceptual connectivity proposal.
· Review new development for appropriate opportunities to COIUlect to local roads and
collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13)
No stub streets are currently provided to the subject site. See bullet above.
UNA MAS Annexation ~ AZ-05-061
PAGE 5
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2()()(i
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application:
.
"The capacity of arterial. . .roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with UNA MASto minimize access
points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page
72)
''Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
"IdentifY transitional zones to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102)
.
.
Staff finds that the proposed C-G zoning designation is generally hannonious with and in
accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2lists the permitted, accessory,
and conditional uses in the C-G zoning district.
b. Pwpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and senrice needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accouunodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways. C~G General Retail And Service
Commercial District: The purpose of the C-G district is to provide for commercial uses which
are customarily operated entirely or almost entirely within a building; to provide for a review
of the impact of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need oftravel-relatc:d
services as well as retail sales for the transient and permanent motoring public. AU such
districts shall be connected to the municipal water and sewer systems of the city, and shall not
constitute strip commercial development and encourage clustering of commercial
development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested C-G zone is appropriate for lllis property. Please
see Exhibit C for detailed analysis of the required facts and findings.
The annexation legal description submitted with the application (stamped on
November 21,2005 by Douglas Bergey, PLS) shows the property as contiguous to the
existing corporate boundary of the City of Meridian.
Special Considerations:
Develooment AlZreement: UDe II.SB~3.D.2 and Idaho Code 9 65-6711A
provides the City the authority to require a property owner to enter into a
Development Agreement (DA) with the City that may require some written
commitment for all future uses. Staff believes that a DA is necessary to ensure
that this orooertv is develoDed in a fashion that is consistent with the
UNA MAS Annexation - AZ-05-061
PAGE 6
-.\.
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006
comprehensive olan desi2J1ation and does not nelZativelv impact nearbv
properties.
Prior to the alUlexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The aoolicant shall contact
the City Attornev. Bill Nary. at 888-4433 to initiate this orocess. The DA shall
incorporate the following:
· That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
· That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development.
· That the applicant will be responsible for all costs associated with the
sewer and water service extension.
· That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
· That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
· That a street buffer, constructed in accordance with City Code, be
installed along Ustick Road and the future collector roadway.
· That when a preliminary/short plat is submitted to the City, the entire
9.55 acres that are the subject property for AZ-05-061 will be included
within the boundaries of said plat (no out-parcels).
· That when a preliminary/short plat is submitted to the City, no direct lot
access to Ustick Road will be allowed. The existing driveways to Ustick
Road may be for construction pUIpOses until the future roadway is
completed. At such time, direct access to Ustick Road shall be
prohibited.
. That in the case of any division of the property cross access to parcels on
all sides of the site be granted.
· The applicant shall provide at a minimum one commercial cross access
drive to the properties east and west of the site which shall be designed
according to private street standards as listed in UDC 11-3F, with a
minimum of 24' travel way, no parking backing on to the service drive, a
one side five foot detached sidewalk with a 5' landscape buffer. The
conunercial cross access drive is to provide connection from the future
Public Roadway east of the site, through the 9.55 acre Una Mas
Annexation, and the property west of the site.
· The applicant shall work with ACHD to determine if a public frontage
road shall be provided at the southern boundary of the site. One half of a
42' public roadway design for a frontage/backage road shall be reserved
at this site until such a time as ACHD staff provides a written statement
refusing the reserved area.
UNA MAS Annexation - AZ-OS-061
PAGE 7
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE Of APRIL 25,2006
· That the applicant shall submit an application for design review with
each building Certificate of Zoning Compliance. The elevations shall be
in substantial conformance to the elevations presented at the April 4,
2006 hearing. These elevations shall have similar modulation and
treatments to the elevations presented to council as detennined by the
Planning Director.
b. Staff Reconunendation: Staff recommended that the applications for the subject
property be apprond with the associated development agreement which would be in
the best interests of the city to be annexed into the City with a C-G zoning designation
with the aforementioned Annexation & Zoning provisions. All future development
would include in a Development Agreement and future detaOed approval.
11. EXHIBITS
A. Legal Description
B. Conceptual Site Plan
C. Required Findings from Zoning Ordinance
UNA MAS AnneJtation - AZ-OS-o61
PAGE 8
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CITY OF MERIDIAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of APRIL 25, 2006
Exhibit A - Legal Description
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IN..,lIUTED IlO..NDARIFS
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LEGAL DESCRIPTION FOR
tlANSEN-RICE. INC.
ANNEXATION PARCEL-CITY OF MERJDIAN
USTICK ROAD PROJECT
The followiq dea:ribet. ~J of lftI propeny lying in East Y.. or a.-n.n1Clft1 Lllt 4 of Sco;tion
4. Towuhip 3 Merit, bnge 1 East, Boi9D Maidian, Ada County, Jdme>, and tJei"8 ",en
particularly dcserlbed II fo11oW!l:
C__iIlC at tho Nol'Ibwut comer of _ Se<:tion 4, said 0_ nwked by II. B......
Cap MCICIlIIIItd(PLS 6111); Thcnce.lIIonll theN<<1berly Ii,_of.let SIx:Iian 4.
N81l")~'22"!, 830.P4" (~S89"49'2B'E, 830.9<11=) 10 the Nortbwcst
oomct of tbe pRlplIRy dacrtbcicl ill WImd:y Dead 1nafrumcllt Numbers
105046906.t. 105119S2J 11II; FOINT Of' BEGINNING;
'Thatuo.. CIOJIlinuiog.aOllg Mid NordlIrly liu ofSectian 4 .. tile NortIwI)f lm~ oftltll
propcny daclriball" IIid Wamoty Deed In.$IrUlllllnl Number 10$CM6906,
N89"3S'2J"E, J]2.]7 feet (btNriy SW'.49'16"E,l32.37 "-t) to the NOI1hUit
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said WltNnty DHd "'lIlnImcrltNumbDr J os II 9521 111 a 5/&" froIl pln (PLS
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006
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CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPOR.T FOR THE HEARING DATE OF APIUL 25, 2006
C. ProDOled Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a fuU
investigation and shaD, at the public bearing, review the application. In order to
grant an annexation and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the
comprehensive plan;
The applicant is proposing to zone all of the subject property to C-G. The
Council finds that the proposed zoning map amendment complies with the
applicable provisions of the comprehensive plan. Please see Comprehensive Plan
Policies and Goals, Section 8, of the Staff Report.
2. The map amendment complies with the regulations outlined for the
proposed district, specifically the purpose statement;
No development is proposed concurrent with the zoning map amendment. The
Council finds that future development of this property should comply with the
established regulatiOllB and pwpose statement of the C-G zone.
3. The map amendment shall not be materially detrimental to the public
health, safety, and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to.
the public health, safety, or welfare. The Commission and Council rely on any
o.ral or written testimony that may be provided when det:ermining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery
of serviees by any poHtieal subdivision providing public senices within tbe
City including, but not limited to, school districts; and,
The Council fmds that the proposed zoning amendment will not result in any
adverse impact upon the delivery of services by any political subdivision
providing services to. this site.
S. The annexatio. is in tbe belt of interest of tlae City (UDC 11~5B-3.E).
If the aoolicant enters into a Develonment Aereement IDA) with the City. the
Council finds that the annexation and ZOninll of this nronertv to C-G would be in
the best interest of the City.